(1) It is unlawful for any
person, in connection with the offer, sale, or purchase of any security, directly or
indirectly:
(a) To employ any device, scheme, or artifice to defraud;
(b) To make any untrue statement of a material fact or to omit to state a
material fact necessary in order to make the statements made, in the light of the
circumstances under which they are made, not misleading; or
(c) To engage in any act, practice, or course of business which operates or
would operate as a fraud or deceit upon any person.
(2) It is unlawful for a custodian of the funds or securities of a local
government investment pool trust fund organized under the provisions of part 7 of
article 75 of title 24, C.R.S., to effect any transaction to relinquish possession of,
distribute, expend, or transfer any of the assets of the trust fund without the prior
written authorization of the board, except for:
(a) The purchase or sale of authorized investments or the exchange of such
assets for other assets of equal or greater value if such sale, purchase, or exchange
is solely in the accounts of the trust fund;
(b) Distributions to participating local governments; or
(c) The payment of routine fees and expenses that have been authorized by
the board of trustees in the annual budget of the trust fund.
(3) It is unlawful for any investment adviser of a local government
investment pool trust fund organized under the provisions of part 7 of article 75 of
title 24, C.R.S., to:
(a) Take custody or possession of the funds or securities of the trust fund;
(b) Act as a principal in any transaction in securities with the trust fund
unless the express prior written authorization of the board of trustees is obtained
with regard to each such transaction and unless the transaction is effected without
mark-up and at the fair market price of the securities purchased or sold; or
(c) Deposit, convey, or maintain the funds or securities of the trust fund in
any account that is in any other name than that of the trust fund.
(4) It is unlawful for any broker-dealer or financial institution acting in an
advisory capacity to a local government investment pool trust fund organized under
the provisions of part 7 of article 75 of title 24, C.R.S., or any person employed by or
directly associated with such broker-dealer or financial institution to:
(a) Act as a principal in any transaction in securities with the trust fund
unless the express prior written authorization of the board of trustees is obtained
with regard to each such transaction and unless the transaction is effected without
mark-up and at the fair market price of the securities purchased or sold; or
(b) Deposit, convey, or maintain the funds or securities of the trust fund in
any account that is in any other name than that of the trust fund.
(5) It is unlawful for any person who receives, directly or indirectly, any
consideration from another person for advising the other person as to the value of
securities or of any purchase or sale thereof, whether through the issuance of
analyses or reports or otherwise to:
(a) Employ any device, scheme, or artifice to defraud any client or
prospective client;
(b) Make an untrue statement of a material fact to any client or prospective
client or to omit to state to any client or prospective client any material fact
necessary to make the statements made, in light of the circumstances under which
they are made, not misleading, in the disclosure statement delivered to any client or
prospective client pursuant to section 11-51-409.5 or a similar document under the
federal Investment Advisers Act of 1940 or during the solicitation of any such
client or otherwise in connection with providing investment advisory services; or
(c) Engage in any transaction, act, practice, or course of business that
operates or would operate as a fraud or deceit upon any client or prospective client
or that is fraudulent, deceptive, or manipulative.
(6) It is unlawful for an investment adviser or investment adviser
representative acting as principal for such person's own account or on behalf of a
third party to:
(a) Sell a security to a client without disclosing in writing pursuant to section
11-51-409.5 the capacity in which the investment adviser or investment adviser
representative is acting before the completion of the transaction; or
(b) Fail to obtain the written consent of the client to such transaction after
disclosure has been made and before completion of the transaction.
(7) Nothing in subsection (5) or (6) of this section shall relieve an investment
adviser, federal covered adviser, or investment adviser representative of liability
under any other subsection of this section.